A/N: This is my first foray into the SVU world and I'm so excited and nervous! I've binge watched every season except the current and fell in love with the wonderfully brilliant Rafael Barba! I've watched all his episodes nearly three times. I love his relationship with Olivia and hope to god he comes back.
Through the episodes I've seen, I know Barba hates his dad, and it may be implied that he's abusive. For my fic, his father is alive and was abusive to both him and his mom. Lucia did what she could to protect Rafa, but she always sided with her husband and never left him. Takes place season 19, pre-Undiscovered Country.
Chapter 1: Accused
Rafael's POV:
The loud shrill of my cell phone jerked me out of my sleep, and I groaned loudly as I blindly reached out a hand for the blasted machine. Grabbing hold of it, I quickly pressed the answer key, putting the phone to my ear without checking who had called.
"Barba," I grunted out irritably, barely keeping from cursing the person out.
"Rafi, mijo," my mom called, her voice scared and tearful, "I need your help. Your papi needs your help."
All sleep was wiped from me as I sat up, and I was halfway out of my bed when the rest of her sentence registered.
"Mami, are you okay?" I quickly pressed, ignoring the part about my father.
"Sí, sí, estoy bien, pero tu papa´necesita tu ayuda," she repeated, and I sighed heavily, feeling irritated. She knew I hated the old man, so why would she ever think I would do anything to help him?
"Mami, I don't care what he needs help with"—
"Rafael, listen to me!" she snapped, and I closed my eyes as I squeezed the phone tightly.
"Okay, dime," I gave in, lying back on my bed.
"Manuel has been accused of rape," she stated agitatedly, and my eyes flew open in shock.
"Some niña that works for him accused him of raping her, and the police just arrested him!" she explained. "Te lo prometó, hijo, that he didn't do it! I know how you feel about your father, and I know he's no santo, pero he's not a rapist! I mean, he-he-he needs pills just to"—
I rapidly shook my head, quickly cutting her off before she could finish that horrifying thought.
"Take a breath, please, and start from the beginning," I directed, my mind buzzing with chaotic thoughts.
I heard her take several deep, shaky breaths before she began to speak once more, her voice stronger and more assured. "One of the girls that works at Manny's restaurant went to the cops yesterday saying that Manny raped her the night before. Twenty minutes ago the police, your friends, barged in here and arrested him!"
I pinched the bridge of my nose tightly, already feeling the beginnings of a headache building.
"My friends?" I asked, already knowing what she meant, but needing her to confirm.
"Sí!" she exclaimed impatiently. "Those special victim whatever they're called, dragged your papi out like some criminal, and wouldn't even listen to me! I told them you were my son, and they acted like they'd never heard of me!"
I withheld a groan, dragging myself out of bed in search of my migraine medicine. Out of the entire SVU, only Olivia knew anything about my family, and even then, it wasn't much. I'd told her my father was abusive and that my mother was still with him, but other than that, she knew more about my Abuelita, who'd died a couple years ago than anyone else.
My mother went on a rant about how she couldn't believe my friends knew nothing about her, and wondered if I was ashamed (I was, but I wouldn't admit that).
"Mami, okay, enough, uh, what do you want me to do?" I straight up asked.
"Keep him out of prison!" she replied as if it should have been obvious. "Tell that lieutenant you talk so much about that Manny would never do anything like this, and that they have the wrong man!"
"It doesn't work that way," I argued weakly, already knowing she wouldn't listen or even believe me. "Liv won't tell me anything since I'm related to the accused, and I'm a prosecutor, not a defense attorney, and even if I were, I wouldn't be allowed to defend him."
"You're a lawyer, Rafi, so you know people who can help," was the response I received, and while she wasn't wrong, that didn't mean I wanted to help. Whether that man did it or not, I wanted nothing to do with this case, and I certainly didn't want to call in favors for the bastard.
"Por favor, mijo," my mother begged softly, and I found myself giving in before I realized it.
"Okay, let me see what I can figure out," I stated, already feeling sick to my stomach. "I'll go down to the station and figure out what evidence they have." I knew I wouldn't get anything, but at least I could say I tried.
"Good, I'll meet you there. Thank you," she replied gratefully before hanging up.
Dismally staring at my phone, I saw it was 4:30 AM. I noticed several missed texts and a call from Olivia, but I ignored them, knowing what they'd be about. Quickly showering, I dressed in simple dress pants, dress shirt, and a jacket, foregoing my usual flair. Grabbing a coffee, I ordered an uber and made my way to SVU headquarters. On the drive over, I called Olivia, but she didn't answer, so I left a message telling her what my mother had told me, and that I was coming to the station.
My stomach continued to churn uneasily the closer to SVU I got. I had never been big on sharing anything personal with anyone, no matter how close we got. Over the six years I worked at SVU, I'd come to consider them some of my closest friends. I was especially close to Olivia and would go so far as to say she was my best friend. We spent so many hours together through work and even out of work. It was pretty common to see me over at her place a couple nights a week, having dinner and hanging out with her and Noah.
I loved spending times with Olivia. I'll admit to having found her extremely attractive when we first met, but I'd pushed those thoughts from my mind as I knew we'd be working together. The more I got to know her, though, the more I began to fall for her. Her strength, sense of humor, intelligence, and perseverance. She worked so hard to advocate for all victims that came to her, and she'd overcome so many hardships. She changed me. I was a better person because of her. Sometimes I wondered what it'd be like to pursue a romantic relationship with her, but then I'd brush those thoughts aside. I was content with the way things were now, and I would never want to jeopardize our friendship for something that might not work out.
I arrived at SVU much faster than I wanted to and as I took the elevator up, I was disappointed yet unsurprised to find my heartbeat quickening. My palms were sweating, and I hastily wiped them on my pants while taking deep, calming breaths. I hadn't seen my sperm donor in over ten years. He hadn't even shown up to Abuelita's funeral, which I'd been thankful for. I never wanted to see that man again, yet we were now in the same building.
I had a scheduled lunch with my mother 1-2 times a month, but it was never at her home, and never with him around. We never even talked about him when we got together, because she knew how much I hated the man. I hated how she still continued to defend him, and how she still lived with him after everything he'd done, but I knew that bringing my feelings up only ever ended in arguments and months of no conversation. The only godsend seemed to be that Manuel Barba was keeping his hands to himself. I'd yet to catch my mother with a single bruise, but then again, neither he nor my mom would make the mistake of letting me see a bruise.
Stepping out of the elevator, I masked my anxiety and confidently strolled through the familiar surroundings. None of the detectives were at their desks when I arrived, so I assumed they'd been split between the victim and perp. Taking in a deep breath, I headed to Olivia's office, knocking firmly before opening the door.
"Barba," was all I heard from Liv as my visioned tunneled the second I saw my father. He was older, completely gray haired, but he still had the same dark eyes and smug look. He was speaking with Rollins and Fin, and he looked like he wasn't worried at all. I honestly couldn't tell if he really felt that way or if it was just a front. He was a good liar. I shoved my hands into my pockets when I felt them begin to tremble. The headache I'd been fighting seemed to come back full force.
"Rafa," Liv called, tone insistent as she stepped between me and the one-way mirror.
I blinked, my eyes focusing on her, immediately noticing the tightness around her eyes showing she was stressed and the furrowing of her brows showing her concern.
"My mother called," I explained, and she nodded once as she closed her door and shut the blinds.
"You shouldn't be here," she said softly, and I gave a grim smile before asking, "What can you tell me?"
The lieutenant pursed her lips before gesturing I take a seat on her couch. She sat down with me and looked me up and down.
"I'm fine, Liv, just tell me what he did," I pleaded, not wanting to hear her concern or anything else.
"Yesterday, a young woman came in and accused her boss, Manuel Barba, of raping her." she began to explain. "Honestly, I didn't make the connection between you two even though you have the same last name. If I had, I would've called you sooner."
I waved her concern away, not caring about this. Honestly, I was glad nobody had connected us two together.
"She's eighteen and has worked at your father's restaurant as a hostess and then waitress since she was sixteen. She's admitted to being flirtatious at times, but only because Mr. Bar—er, Manuel would always comment how beautiful she was. Two nights ago, Manuel asked her to stay late to help close the restaurant. This wasn't unusual, so the victim didn't think much of it until Manuel cornered her in the kitchen. He kissed her at which point she pushed him away. He reacted violently and then…he raped her; or that's what we've been told."
"Is she okay? How badly did he hurt her?" I inquired, deeply concerned as I knew how violent my dear padre could get, especially when told no.
"She has a black eye and bruising from where she was grabbed," Liv informed me in an almost delicate tone, and I knew she was carefully watching my every expression. There was nothing to see, though, as I kept my face entirely blank.
"She came in yesterday morning to disclose, at which point we got her to the hospital," Liv continued to recount. "She first refused to admit who hurt her, but I eventually got her to tell me who it was late last night. Fin and Carisi went and picked him up, and he's been here ever since."
I nodded once, mind racing through all possibilities of how this could end.
A gentle hand on my knee brought me out of my thoughts, and I looked up to see Olivia's concerned eyes.
"Do you think he did it?" I asked without thought, and she frowned before opening her mouth. Before she could say anything, though, I heard Mami's voice angrily demanding to see her husband. Closing my eyes briefly, I quickly got up and left the office, Olivia hot on my heels.
"Rafael," she expressed in relief, running over and wrapping her arms around me.
"Have you seen him? Está bien? You've told them he's innocent, right?" she questioned rapidly, her eyes searching my face.
"No, Mami, todavía no le he visto. The lieutenant was just telling me what happened," I told her, and she narrowed her eyes before turning towards Olivia.
"Lieutenant, please, my Manny is not a rapist. Where is he? Let me speak with him," she begged, and I felt anger flare up at how she continued to stand by that vile man. We both knew he was abusive. We both knew he was a womanizer, and that he'd cheated on her. Was it really that much of a stretch to think he'd rape someone? He'd always had a thing for younger woman, I recalled with disgust.
"Mrs. Barba, your husband is just fine. He's currently speaking with two of my detectives explaining his side of what happened. I'm sorry, but you can't see him right now," Liv informed her calmly and compassionately. "
Why don't you take a seat over here," she suggested, gesturing to a chair next to Carisi's desk. "Would you like something to drink? A coffee? Tea?" she offered, and I felt gratitude towards her kindness. I felt out of my depth here as I normally did when it involved Manuel.
"No, thank you, I'm fine," Mami replied frustratedly. "Do I need to get him a lawyer?" she pressed, looking first at Olivia, and then me.
Instead of answering, I flicked my gaze towards Liv, who answered, "That is your right." Her eyes landed on me briefly before she excused herself and went back into her office. I childishly wanted to beg her to say or simply follow behind her, but I did neither.
"Call someone," Mami demanded, grabbing hold of my forearms. "You know people, and I know you can get him the best lawyer. El es inocente, y tu lo sabes," she insisted, and I couldn't keep the incredulous huff that escaped me.
"Inocente? Por Díos, Mami," I hissed exasperatedly, "we both know that he's more than capable of having done this, and what reason would that girl have to lie? Have you heard about her injuries?" I attempted to reason, already knowing it was futile at the stubborn anger forming on her face. Sensing an impending outburst, I wrapped an arm around her shoulders and quickly led her somewhere quieter and private.
"Rafael Eduardo Barba," she began to lecture, and I couldn't help but cringe. I may be nearly fifty years old, but I still felt slightly cowed at my mother using my full name.
"I know how you feel about your papá, but he is your padre, and you should show some family loyalty. He helped raise you, kept you clothed and fed with a roof over your head. Manny has a temper, lo sabemos, but he would never rape anyone!" she exclaimed, giving me a strong poke to the chest. "Shame on you, mijo, for thinking so poorly."
Her words caused a cacophony of emotions to flow through me such as anger, embarrassment, and even guilt. How could she continue to defend him?! But maybe…maybe I was wrong. He had an awful temper, but he'd never raped anyone before. Was it possible I was allowing my hatred cloud my judgement? Could he really be innocent?
Innocent until proven guilty, I reminded myself. As much as I detested the man, I couldn't automatically assume he was guilty. He had as much right as anyone to a good defense.
"I'm sorry, Mami," I apologized quietly before pulling out my phone. Family loyalty was important, and while I felt no loyalty towards Manuel, I did feel it towards her. Lucia Barba was not the perfect mother, but she loved me, and I never doubted that.
Thinking quickly, I debated briefly on who to call. Rita Calhoun was my first thought, but she knew my father was abusive. She'd known me since college and had seen me return from Christmas break freshman year covered in bruises. We'd also had many late-night study sessions that had ended up more drinking binges than studying. Secrets were let out, and I may have stupidly talked about my home life with her. Rita and I had a vicious rivalry, but we considered each other friends, and her prior knowledge of my padre could affect her defense. No, I needed someone who wouldn't feel more loyal to me than el viejo.
The second person I thought of was John Buchanan, and I fought back a grimace. He was not someone I wanted to ask for help, but I couldn't deny he was fantastic at his job. The more I thought on it, the more I realized that he would be the best defense attorney I could get for Manuel. Buchanan cared about winning, and he wouldn't let feelings about his client or their crime influence how hard he fought for them.
Lifting the phone to my ear, I swallowed back embarrassment at the conversation we would have. It wasn't that I had anything against the man, it was just I never would've wanted him to be aware of my family's dirty laundry. He'd have to be made aware of Manuel's temper and abusiveness as whatever prosecutor the DA chose would no doubt discover it. Whether Olivia told them or not, they would surely discover it when speaking with anyone that knew him.
"Mr. Barba, to what do I owe the honor of such an early morning call?" Buchanan greeted jovially, and I took in a calming breath before informing him of the situation. I kept the conversation brief and to the point not allowing emotion to leak through. Buchanan only expressed a moment of surprise before agreeing to take the case. He was professional, which I was entirely grateful for.
"I assume you've ended the interview," Buchanan stated, and I felt a flush of embarrassment when I answered negatively.
The older man gave a disbelieving chuckle before realizing I was being honest.
"I'm gonna chalk this up to emotional stupidity but stop that interview this second and I'll be there in twenty," he directed before hanging up.
"The lawyer will be here in 20," I told my mother before hurrying over to Olivia's office. I gave a quick knock before entering and at Olivia's questioning look, I knocked on the cone-way mirror while saying, "This interview is over."
Carisi and Fin walked in, and I immediately said, "Buchanan will be representing him, so until he arrives, you will no longer be interviewing Manuel."
Looks were exchanged before Fin raised a questioning eyebrow as he said, "Buchanan? Really?"
"Alright, guys, go and check in with Rollins," Liv directed, and the two left, but not before throwing me sympathetic looks.
"Is it alright if my mother goes inside?" I asked her, and she pursed her lips for several moments before nodding.
"Thank you, Rafi," Mami told me before quickly going into the interview room, leaving me and Olivia alone. She turned the microphone off so that we couldn't hear what my parents were saying to each other.
"You asked me earlier whether I thought he did it," she began softly, and I shook my head not wanting to hear her answer even though I knew what it'd be.
"He's not a good man, I'll be the first to admit," I said, "but he's not a rapist. Abusive bastard, but…," I trailed off with a shake of my head.
A plethora of emotions crossed Olivia's face before she replied, "You should go in there."
I grimaced as I gave a negative shake. I had no idea what to say to her. I knew she didn't believe me. I knew she would be actively working to put my father away. We would be on opposite sides this time.
"I'm sorry about this," I felt the need to say, giving her a sad smile. She smiled back before walking over and grabbing hold of one of my hands.
"You know we won't be able to talk about this case at all, but that doesn't mean we can't talk about anything else," she stated, and I felt a wave of relief that this wasn't pushing a wedge between us.
"I can't imagine how difficult this is for you, but know that if you need someone to listen, I'm here," she informed me with a kind smile.
"Thank you," I replied, and she gave my hand a final squeeze before walking out and over towards her squad.
I let out a sigh, my shoulders sagging as I looked over at my parents. Manuel looked angry, and although it was the last thing I wanted to do, I walked into the room coming face to face with my boogeyman.
"Well, well, well, if it isn't my famous lawyer son," Manuel greeted, his arms spread wide. "So, this is what it takes for you to visit your papá? Me being arrested? How many years has it been with no visits or phone calls?"
Not long enough, my mind supplied bitterly, but I knew better than to voice my real thoughts.
"Hola, Papá," I greeted congenially, not addressing his previous questions. "Your lawyer should be here any minute now. He's good at his job, so just do what he says."
His eyebrows went up, and he glanced at Mami before looking back at me.
"Over ten years and that's the greeting I get? No, 'I missed you, papi,''how are you doing' or maybe 'are you okay'?" he pressed, sporting an expression of hurt I didn't buy. Mami looked between us two warily.
"Ándale, Rafi, give your father a hug," Mami urged, and I barely resisted giving her a dirty look before deciding it'd be easier to give in. I wasn't a child anymore, so there was no reason to be so scared or nervous around Manuel. Besides, it had been a long time, and he could've calmed with age. Maybe he wasn't the way he used to be. Maybe he wasn't still ashamed and disgusted by me.
Forcing a small grin onto my face I walked over and hugged my former tormenter. He slapped me on the back once before pulling away and keeping his hands on my shoulders. His hands were gentle, and I forced myself to relax rather than tense up.
"Look at you, Rafael, it's been too long," Papá remarked, and I couldn't tell whether he was being genuine or not. "I see more of you on TV than in person, but I understand you're a busy and important man, so gracias, mijito, for taking time out of your busy schedule to come help me out."
I felt completely off kilter as he appeared genuinely grateful for my help. He didn't seem angry that I hadn't visited or called him. He didn't seem annoyed with me.
I was saved from having to reply when Buchanan walked in. I introduced him to my parents, happily allowing him to take control of the situation. He asked Manuel to give his recount, and unsurprisingly it was nothing like what the victim claimed. He admitted to being alone with the girl, but vehemently denied assaulting her.
"She's like a daughter to me," he asserted in disbelief. "I've known her since she was a little girl and I have no idea why she would accuse me of this. I told those detectives this, but they refused to believe me. No entendio nada!" he directed towards me with frustration. "Are the men ever listened to or believed, or does innocent until proven guilty not apply anymore?"
Before I could answer, Buchanan spoke up, saying how disgusting and shameful it was that SVU detectives always assumed men were guilty.
"That's not true and you know it," I defended a bit harshly, not appreciating how he was putting down my friends. "We never prosecute unless there's evidence."
"And what evidence is there in this case?" the attorney directed towards me with raised eyebrows.
I raised a disbelieving eyebrow back at him as I replied, "You know they're not allowed to tell me anything." He was disappointed, yet unsurprised by my response.
Buchanan then asked my father if he had any evidence supporting his claim. Security cameras? Anyone to alibi?
Manuel shook his head, complaining how his security cameras were just for show. "It's too expensive to have surveillance, and I'm barely making ends meet as it is." He eyed me at this point, looking as though he were about to chide me for not helping out, but my mother placed a soft hand on his forearm, rubbing it before addressing Buchanan.
"The restaurant closes at 9 PM and Manuel was home by 10 as he is every night," she stated. "I assure you, Mr. Buchanan, that my husband is not a rapist."
"Of course, Mrs. Barba," Buchanan agreed easily, giving her a kind smile. I wasn't sure whether he believed her or not, but I knew it didn't matter. He'd fight tooth and nail for father no matter his guilt.
"Well, let's see what evidence the detectives have against you," Buchanan declared. "I need you to let me speak for you, Mr. Barba, and only answer questions I give the go-ahead for, and even then, give the bare minimum. No need handing them information they can manipulate."
Manuel nodded in understanding before giving me a questioning look as if looking for assurances. Despite my shock, I managed to give him a nod to show my support of the defense attorney's plan.
Buchanan stood up, and I gestured for my mother to come with me. She argued that she wanted to stay, but I informed her that wouldn't be possible.
"But you can stay, can't you?" she asked, and I replied that I didn't think so.
"I'll ask, but if not, know you can trust Mr. Buchanan. He'll take care of papá," I promised her, and only then did she agree to leave.
When we entered the squad room, Olivia approached us where Buchanan informed her we were ready to speak. She nodded, calling Fin and Carisi to return to interrogation.
"Liv, would it be possible for me to go in?" I asked, knowing it was an unfair question as I was obviously asking for a favor.
"Rafa," she answered, "you know you can't, but I'll allow you to watch."
"Thank you," I returned, giving her a grateful smile. We entered her office, closed the door, and she flipped the switch so we could hear what was going on inside the interrogation room.
They recapped over what the victim, Sara Perez, said, and then Manuel gave his account. Buchanan demanded to know what evidence there was against his client, and I listened intently, desperately wanting to know if he really did this. While this morning I'd been certain, now I wasn't so sure. Even though I felt this way, I was still stunned by the rush of relief I felt when I realized they had nothing but Ms. Perez's word. There was no DNA evidence and no eyewitness testimony.
I side-glanced at Olivia whose eyes were narrowed and lips pressed tightly together. Her arms were crossed, and I knew she thought he was guilty, lack of evidence be damned.
"Gut feeling?" I had to ask, and she simply gave me a bland look that basically said, 'don't ask me that'. That lone told me she did, and I felt my stomach twist. Her gut feelings had rarely ever been wrong, and I felt myself hoping this was one of those times. I still hated the man, but my mother loved him, and it would destroy her if her husband was a rapist.
Once the lack of evidence was revealed, Buchanan smiled smugly declaring that him and his client would be leaving then if no charges were being brought up. Both exited the room, my father smirking before coming over and wrapping an arm around me. I tensed, but he didn't let go, instead leading me out of the room while ruffling my hair. I had no idea how to react to this uncharacteristic display of affection, so I mutely allowed the man to guide me.
"No charges," Manuel announced to Mami, and she smiled brightly before wrapping her arms around both of us. I fought a blush at the looks we were getting, especially when I noticed the smirk of amusement on Buchanan's face. I barely kept from growling a smart-ass remark as I owed him. Instead, I held out a hand thanking him for his help. He replied that it was his pleasure, and to reach out when, not if, the detectives pursued the case.
"Come on, chico, let's go and celebrate," Papá declared, "we have lots to catch up on. A look at his and Mami's face revealed that there was no getting out of this, so against my better wishes I agreed.
